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(영문) 수원지방법원 2019.01.11 2018가합10060
손해배상청구 등의 소
Text

1.(a)

Defendant C’s KRW 190,00,000 as well as 5% per annum from February 26, 2014 to January 8, 2018, and the following.

Reasons

(a) not occur;

Provided, That B shall be dealt with by mutual consultation after the completion of the construction permit obtained by A before the completion of construction, and the change of name shall be dealt with.

3. Although the present use of the project site is one of the neighborhood living facilities, the part of the cost that Party A is promoting the change of the district unit, that is, the change of the use of the district unit, is transferred to Party B, and Party A is also succeeded to the change of use.

Article 6 (Transfer and Names of Ownership) (1) A shall purchase the above-mentioned real estate and specify the transfer of ownership at the time of completion of the project (not later than six months after the commencement of the project) on the convenience of the project.

(4) A shall transfer ownership to a person designated by B simultaneously with the payment of any balance, regardless of a sales contract.

Article 11 (Other Matters) (5) A provides a financial institution with respect to this project site, provides a borrower with a security, seeks a borrower and seek a loan, and assume the responsibility for the part concerning interest.

* Matters of special agreement

3. B shall, upon obtaining a building permit under the name of A, allow B to change the name before completion. If B does not change the name, all the civil and criminal responsibilities shall be borne.

4. B shall substitute the interest amount of H Bank loans and the redemption fees of H Bank loans of KRW 412,395,859, out of KRW 710,000,000,000,000 for KRW 110,000,000,000 for the remainder of KRW 187,512,241, and the remainder of KRW 70,000,000,000,000,000 shall be paid to H Bank loans and the redemption fees of KRW 412,39,000,000,000,000 for the remainder of KRW 187,512,241.

The remaining money shall be used as construction cost and comprehensively.

B. Pursuant to Articles 4 and 11(5) and 11(4) of the instant sales contract, the Plaintiff was granted loans to the G Cooperatives (hereinafter “G Cooperatives”) with respect to each of the above real estate in KRW 710 million.

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